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Patna High CourtCR. MISC./67005/2022bail granted

Rabindra Singh v. The State Of Bihar

2023-07-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67005 of 2022 Arising Out of PS. Case No.-223 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== RABINDRA SINGH S/O LATE RAJ KISHOR SINGH Resident of villageAbbumahmadpur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

MUKESH KUMAR S/O KAILASH RAY Resident of village Ram Nagar Diyara, Presently residing at Naya Tola Rani Sarai Ward No- 22,P.S.- Bakhtiyarpur, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Babu Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary Mr.Rajeev Ranjan Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 323, 341, 379, 406 and 34 of the Indian Penal Code.

It is the case of the complainant that despite taking consideration money of Rs. 6,10,000/- (Rupees six lacs ten thousand) from the complainant, the petitioner did not execute the sale-deed in favour of the complainant.

It is submitted on behalf of petitioner that as a matter of fact the complainant is tenant of the petitioner and due to tenancy dispute between the parties, this false and concocted case has been lodged. Moreover, the complainant has filed a title

Patna High Court CR. MISC. No.67005 of 2022(4) dt.05-07-2023 2/2 suit, vide Title Suit No. 112 of 2021, which is pending before learned Sub Judge-I, Barh (Patna). The dispute is of purely civil nature. Petitioner has got clean antecedent.

Learned counsel for the complainant vehemently opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Barh, Patna in connection with Complaint Case No. 223 (C) of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T